How do Truck Accident Claims Work?
Written by greg on January 18, 2019
If you have been injured in an accident with an 18-wheeler, you may need to file a legal claim. You are most likely traumatized and focusing on your recovery process. You may wonder how the process works and what to do to file a claim. When you are the victim of a truck accident, it is advisable to seek legal guidance and representation soon. Your attorney will handle the issues surrounding the case so you can concentrate on getting better. You may be owed money for your medical bills, lost wages, and pain and suffering and other legal damages.
Hire an Experienced Houston Truck Accident Attorney
The first step in the process is to hire an experienced Houston truck accident attorney. The sooner your attorney gets on board, the better. Your lawyer will investigate the accident, gather important documentation and evidence, talk to witnesses, and review the accident report. The truck driver’s insurance company will likely want to get a statement from you about the accident. Do not speak to the insurance company representative until you first talk to your attorney.
It is best to channel all communications about the accident through your lawyer. This will ensure that you do not say something that could hurt your case, even if you mean well. It also makes sure that your attorney knows any contacts made so they can be properly addressed. Typically, your attorney will take your case on contingency. This means you will not need to pay for most of the attorney’s fees until you win your case.
The cause of the accident has to be determined and the negligent driver needs to be determined. This is generally done by the insurance company or by the court. However, your attorney helped to gather evidence on your behalf. You need to use all resources possible to protect your rights and prove that the truck driver was negligent. The trucking company will have several legal resources at their disposal to resolve the claim by paying out little.
The insurance company may offer you a settlement. Do not accept or cash any settlement payment. Doing so will preclude you from taking further legal action and keep you from obtaining a fair settlement. Allow your attorney to negotiate with the insurance company on your behalf. The results are likely to be much better and more in line with your needs.
Negotiation and Settlement
Most accident claims end with a satisfactory settlement. Your attorney will litigate the matter to fight for the proper compensation for the injuries you sustained. You may also be awarded punitive damages in special circumstances. This is punishment for gross negligence, such as driving while impaired. If a settlement can not be reached, the matter will need to be resolved in court.
A court trial will be held during which the negligent party or parties will be decided. Your attorney will present your case and evidence proving the negligence of the other driver and your damages. If you win the case, you will be awarded money. The other party must provide you with payment according to the court judgment.
If you were injured in a truck accident, we can help. We have helped people get millions of dollars they are owed after being hit by an 18-wheeler.
Contact Baumgartner Law Firm today for a free case consultation.
Call (281) 587-1111.